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Apr 23, 2013
04/13
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not just miranda. it's miranda, it's the engagement of lawyers and it's an entirely different scenario. do you think we will have trouble prosecuting this guy? >> of course not. we don't need his confession. >> why didn't we wait? >> wait, wait. >> that would have been completely lawless. don't blame the justice department -- >> wait, you just said it was an act of terror. >> of course. >> and a crime. >> and you can still prosecute later, but in the meantime before you offer miranda rights, get some of america's best interrogators in there and you find out what this guy knows. is he connected to a larger cell? are there pending attacks? are there foreign links? where did the training come from? how did you learn to make the bombs? basic simple questions this we need to know because the safety and security of the american people in this case i think are paramount. >> sean, do you know who gave him his miranda rights? >> i don't know exactly who but we were told he was. >> a federal judge, a magistrate
not just miranda. it's miranda, it's the engagement of lawyers and it's an entirely different scenario. do you think we will have trouble prosecuting this guy? >> of course not. we don't need his confession. >> why didn't we wait? >> wait, wait. >> that would have been completely lawless. don't blame the justice department -- >> wait, you just said it was an act of terror. >> of course. >> and a crime. >> and you can still prosecute later, but in...
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Apr 20, 2013
04/13
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there's too much misinformation about miranda. we're looking at it based on television programs tv series. if there's a miranda violation, that means that that statement that individual made can't be used in a court of law against him. however, this individual -- julian is right, the fbi is gathering that -- they already said they took full responsibility to it to the person whose car they carjacked. all they mean is statements you get are admissible. it's an affirmative defense on an evidentiary point. >> so your point is, just so i can clarify, your point is, we can still very likely put this guy in jail, or get the death penalty, whatever we decide. we may not need any of these statements against him in court. why not interrogate him for public safety reasons longs as long as we want? >> jay is right. the guy confessed in the carjacking. the terror suspect confessed to being the boston bomber. tim think mcveigh was mirandized. there isn't a problem here, which is why i'm surprised that senator graham, senator mccain and others
there's too much misinformation about miranda. we're looking at it based on television programs tv series. if there's a miranda violation, that means that that statement that individual made can't be used in a court of law against him. however, this individual -- julian is right, the fbi is gathering that -- they already said they took full responsibility to it to the person whose car they carjacked. all they mean is statements you get are admissible. it's an affirmative defense on an...
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Apr 23, 2013
04/13
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miranda rights. we've watched enough detective shows no know, police shows, they give miranda rights almost like blah, blah, blah, blah, blah. it's done. why do you think that's an issue? now we just got the word as we went on the air tonight the defendant here, the suspect, i guess he's a defendant now, has been given his miranda rights. >> this is truly something of an urban legend. people like to watch shows where a criminal goes free because he wasn't given miranda rights. that's extremely rare. i do criminal defense work. i can tell you, the most you can hope for in a miranda case is one or two statements will not make it into court. it's rare the whole case falls out unless everything -- >> so it's not the poison fruit thing? >> there is a poison fruit provision, standard. but it's very rare for it to pollute an entire case. >> let me ask you practically, why don't the law enforcement officials, the federal officials up there who have him in custody at the hospital, why didn't they just do this
miranda rights. we've watched enough detective shows no know, police shows, they give miranda rights almost like blah, blah, blah, blah, blah. it's done. why do you think that's an issue? now we just got the word as we went on the air tonight the defendant here, the suspect, i guess he's a defendant now, has been given his miranda rights. >> this is truly something of an urban legend. people like to watch shows where a criminal goes free because he wasn't given miranda rights. that's...
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Apr 20, 2013
04/13
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. >> no miranda warning? >> it is a federal issue somebody else can explain that. >> there was no miranda warning given can we have an explanation? >> there is a public safety exemption with cases of national security with federal charges with an act of terrorism so the government has the opportunity right now so i believe the suspect has been taken to a hospital. thank you. >> is there a federal death penalty? >> i indicated earlier this is an active and ongoing investigation we will be reviewing all of the evidence before that decision is made in terms of whether or not to seek the death penalty. you review all of the evidence and it is a thoughtful, long process that is engaged and the attorney general of the department of justice that makes the final decision. >> can you tell us what happens at the scene was the moving around? how did you know, ? >> we know he did not go straight to the boat. when we set up the perimeter with the best intentions with a lot of information and finding blood in the car , beh
. >> no miranda warning? >> it is a federal issue somebody else can explain that. >> there was no miranda warning given can we have an explanation? >> there is a public safety exemption with cases of national security with federal charges with an act of terrorism so the government has the opportunity right now so i believe the suspect has been taken to a hospital. thank you. >> is there a federal death penalty? >> i indicated earlier this is an active and...
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Apr 20, 2013
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. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great confession. maybe even better than a law enforcement confession where you can claim it was forced out of you. they gave a upon takenious confession -- spontaneous confession. >> bob wants to get in here. so then why did they need to make that statement? i'm trying to figure out why they made that statement? >> i don't know exactly why they made it. maybe because they got so much criticism -- remember the christmas morning bomber that they mirandaized right away, lost the opportunity to get information from him? so i think maybe they were playing defense. >> le
. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great...
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Apr 20, 2013
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it's different from the miranda warning. the other thing. don't forget, if he is not given the miranda warning what the worst thing that can happen? you don't think they have a case without the statement. >> megyn: they have videotape of him placing the bomb. >> they make a calculated decision, getting lawyered up or going forward and getting the bad guys that are still out there. >> megyn: it will be tough to find a jury not willing to convict. death penalty versus not. we're getting overhead shot of the boat where the suspect was last night. this one is less clear. we're going put these on the screen. why is the boston public defender's office so anxious to get involved. >> probably running to the ideological on to the cynical. >> megyn: you think they are unhappy he hasn't been given miranda yet? >> good point. even if he had been given it and made statements and it's a slam-dunk case on video. they knead don't need any of it. >> megyn: so a confession in terms of figuring out the larger war on terror. >> it's a legitimate exception but a
it's different from the miranda warning. the other thing. don't forget, if he is not given the miranda warning what the worst thing that can happen? you don't think they have a case without the statement. >> megyn: they have videotape of him placing the bomb. >> they make a calculated decision, getting lawyered up or going forward and getting the bad guys that are still out there. >> megyn: it will be tough to find a jury not willing to convict. death penalty versus not. we're...
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Apr 20, 2013
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but when he is able to you wonder whether or not the miranda situation will change and that is something to look forward to over the coming dayings. >> thousands in boston and millions in the country are relieved that the chapter is closed. but a new story begins as investigators investigate what motivated the two men and how much backing they h. >> i am happy to go to bed tonight and happy my family can go to sleep without worries about acracy terrorist. >> it is a feeling of relief and gladness and happy for all of tholce who are involved. i have a cold, and i took nyquil, but i'm still "stubbed" up. [ male announcer ] truth is, nyquil doesn't unstuff your nose. what? [ male announcer ] it doesn't have a decongestant. no way. [ male announcer ] sorry. alka-seltzer plus fights your worst cold symptoms plus has a fast acting decongestant to relieve your stuffy nose. [ sighs ] thanks! [ male announcer ] you're welcome. that's the cold truth! [ male announcer ] alka-seltzer plus. ♪ oh what a relief it is! ♪ [ male announcer ] to learn more about the cold truth and save $1 visit alka-se
but when he is able to you wonder whether or not the miranda situation will change and that is something to look forward to over the coming dayings. >> thousands in boston and millions in the country are relieved that the chapter is closed. but a new story begins as investigators investigate what motivated the two men and how much backing they h. >> i am happy to go to bed tonight and happy my family can go to sleep without worries about acracy terrorist. >> it is a feeling of...
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Apr 16, 2013
04/13
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or even a person of interest because you don't want to do that because it might invoke some rules of miranda, was the person in custody, was a custodial interrogation. if a prosecution comes forward can they get somebody who was tried in the case. an phone can come back and throw this statement or this confession or this statement out because the rights were violated of this individual. i think that's really important. i think it's significant that they at least were saying person of interest, someone they were questioning. the burns i think is also indicative somebody was very close to the blast point. that's important. >> one second. we will get back to the panel in a second. there's a press conference at massachusetts general hospital of which we were just speaking and we will take that. >> right now the hospital is operating in a business as usual mode with the exception just of some heightened security, of which i am sure you are aware. >> questions for the doctor? >> the nature you are of the injuries? >> these are blast-type injuries. these are very high force, high impact type injuri
or even a person of interest because you don't want to do that because it might invoke some rules of miranda, was the person in custody, was a custodial interrogation. if a prosecution comes forward can they get somebody who was tried in the case. an phone can come back and throw this statement or this confession or this statement out because the rights were violated of this individual. i think that's really important. i think it's significant that they at least were saying person of interest,...
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Apr 22, 2013
04/13
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miranda rights read. so he may well cooperate and this may well all have a happy ending and i hope it does and i hope everything works out just fine. there is at least a chance that some information will be lost because of this and it seems to me that when you have an attack of this kind related to muslim extremism as this plainly is especially in the case of the older brother perhaps in the case of this young man as well that intelligence is critical and ought to be a priority. >> bret: yuan, we don't know what if anything he has told investigators up until he was read his miranda rights. that's what we don't know. he is clearly not speaking because of the injury. but, your thoughts? >> i was going to make the point that you made, which is that we don't know what he said before he was read his miranda rights. and it would indicate from the fact that he is nodding that maybe he wasn't able to speak. maybe, i don't know but that's my assumption based on the transcript. i will say i don't think the presiden
miranda rights read. so he may well cooperate and this may well all have a happy ending and i hope it does and i hope everything works out just fine. there is at least a chance that some information will be lost because of this and it seems to me that when you have an attack of this kind related to muslim extremism as this plainly is especially in the case of the older brother perhaps in the case of this young man as well that intelligence is critical and ought to be a priority. >> bret:...
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Apr 23, 2013
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>> it's not clear whether he provided this information before or after he was read his miranda rights. i don't know. . i know, this is according to a government source, what he has told them in the preliminary investigations. >> jake tapper, thank you very much. obviously significant information there. new information from jake tapper. i want to bring in our panel live tonight. seth jones associate director of the security defense policy center at the rand corporation. former member of the joint terrorism task force and jeffrey toobin our legal analyst. jake is saying -- this is significant in terms of the information in this. but obviously a crucial question out there which is was it obtained before or after those miranda rights were read? >> the irony here is what he is saying is not particularly helpful to him. what would be helpful to him is if he had a conspiracy he could make the government to make a deal to avoid the death penalty. if he is simply saying it is me and my brother, what does he have to negotiate with? >> there's no one to else to give up. >> right. >> and frankly,
>> it's not clear whether he provided this information before or after he was read his miranda rights. i don't know. . i know, this is according to a government source, what he has told them in the preliminary investigations. >> jake tapper, thank you very much. obviously significant information there. new information from jake tapper. i want to bring in our panel live tonight. seth jones associate director of the security defense policy center at the rand corporation. former member...
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Apr 22, 2013
04/13
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read him his miranda rights and let the criminal justice work. that's what we do in america. >> you think this needs to happen by the end of today at this point? >> once the fbi is able to ascertain whether or not there are continued threats to public safety, they should not expand further public safety exemptions. to do so is going to get their nick nice knickers in a twist. look at the 9/11 defendants. we tortured them, held them in secret prisons. we still have not prosecuted the alleged master minds of the 9/11 attacks. if boston wants and all of america wants justy, the best way is to let the criminal justice system kick up and work. to make it up as we go along is foolhardy, unconstitutional, and frankly really un-american. >> anthony romero, executive director for the aclu. thank you for coming on the show this morning, sharing your views. appreciate it. >> thank you. >>> we're expecting to get an update, by the way, any minute now on the conditions of some of the boston bombing victims who are still in the hospital. >>> plus, how should t
read him his miranda rights and let the criminal justice work. that's what we do in america. >> you think this needs to happen by the end of today at this point? >> once the fbi is able to ascertain whether or not there are continued threats to public safety, they should not expand further public safety exemptions. to do so is going to get their nick nice knickers in a twist. look at the 9/11 defendants. we tortured them, held them in secret prisons. we still have not prosecuted the...
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Apr 22, 2013
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it's not a way around the miranda ruling. the miranda ruling requires all government agencies to tell you before they ask you a question you don't have to answer it. the obama administration has taken a radical approach to the miranda rule by coming out of nowhere with this 48 hour rule that doesn't exist in any statute and no court has permitted it. >> going to regret it? >> i think they will. bass opposite they start using it there will be no stop to it. >> shepard: investigators want to talk with the wife of the older bombing suspect. are lawyer says she won't be able to tell them much because she had no idea he was up to anything until she saw he was a suspect on television. that part of the story is next. updating our breaking news. authorities in canada are expected to announce multiple arrests relate toad what they're calling a major bomb plot. we're now getting conflicting reports about whether new york city was on a target list. sources telling fox news, at laos one man was arrested in quebec, another in ontario. tha
it's not a way around the miranda ruling. the miranda ruling requires all government agencies to tell you before they ask you a question you don't have to answer it. the obama administration has taken a radical approach to the miranda rule by coming out of nowhere with this 48 hour rule that doesn't exist in any statute and no court has permitted it. >> going to regret it? >> i think they will. bass opposite they start using it there will be no stop to it. >> shepard:...
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Apr 21, 2013
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miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it because of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldo: say it in english. court or tribunal? >> oh, court or tribunal. i suspect we need to know a little more information but certainly looking like a military tribunal. >> geraldo: do you want it to be a military tribunal? >> depends on the facts but looks like yes, this was. >> geraldo: quadruple murder and four death sentences on this guy. >> i don't care what the guys were saying during the commercial break. a military tribunal done properly are does not give the defendant as many protections as a mere criminal in the united states. >> geraldo: robert first and then bo. >> i feel
miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it because of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldo: say it in english. court or...
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Apr 20, 2013
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no miranda rights were read to the suspect here last night. a justice department official says the bombing suspect won't be read the miranda rights because of a public saflt exception. so what is the next judicial step? let's ask the executive director of the american center for law and justice. good morning. i think a lot of folks are not familiar with this public safety exemption. why invoke that at this time? >> usually it's rare, it would be an instance where there is a gun or some kind of in this situation, unexploded bombs. it's important for people to understand, this is not the most extreme move. what you get from this is very limited interrogation and on top of that, it has to be directed questions. what does that mean? the questions can only go to minimizing and eliminating the immediate emergency. because that's why you've invoked this exception to the miranda warning which is required by supreme court precedent. but they did carve this out. >> the u.s. government is concerned about any potential new attacks so they want to limit th
no miranda rights were read to the suspect here last night. a justice department official says the bombing suspect won't be read the miranda rights because of a public saflt exception. so what is the next judicial step? let's ask the executive director of the american center for law and justice. good morning. i think a lot of folks are not familiar with this public safety exemption. why invoke that at this time? >> usually it's rare, it would be an instance where there is a gun or some...
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Apr 21, 2013
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miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it becae of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldosa it in english. court or tribunal? >> oh, court or tribunal. i suspect we need to know a little more infmation but certainly looking like a military tribunal. >> geraldo: do you want it to be military tribunal? >> depends on the facts but looks like yes, this was. >> geraldo: quadruple murder and four death sentences on this guy. >> i don't care what the guys were saying during the commcial break. a military tribunal done properly are does not give the defendant as many protections as a mere criminal in the united states. >> geraldo: robert first and then bo. >> i feel like a 9th
miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it becae of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldosa it in english. court or tribunal?...
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Apr 21, 2013
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. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great confession. maybe even better than a law enforcement confession where you can claim it was forced out of you. they gave a upon takenious confession -- spontaneous confession. >> bob wants to get in here. so then why did they need to make that statement? i'm trying to figure out why they made that statement? >> i don't know exactly why they made it. maybe because they got so much criticism -- remember the christmas morning bomber that they mirandaized right away, lost the opportunity to get information from him? so i think maybe they were playing defense. >> le
. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great...
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Apr 22, 2013
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and they asked him the questions without mirandaizing him. so the public safety exception is domestic in nature. so it's completely unnecessary to call him an enemy combatant in the first place. >> they had a lot of guns, and this is part of the investigation. how do two brothers in cambridge, mass, get ahold of all of this weaponry, and create these bombs? now low-level, low-tech bombs, be that they were. can they do that all with online inspiration and help? or do they have to have outside help, do you think? >> that's an excellent question. i'm sure in the coming days and weeks, law enforcement, the press will uncover virtually every aspect of the lives of these individuals, including the answer to that question. i do know that it is relatively and probably shockingly easy to assemble the components to make a bomb from things you can obtain in the united states. and there are terrorist organizations overseas that have instructions online for how to do that. and so it's something that we ought to look carefully at from the law enforcement p
and they asked him the questions without mirandaizing him. so the public safety exception is domestic in nature. so it's completely unnecessary to call him an enemy combatant in the first place. >> they had a lot of guns, and this is part of the investigation. how do two brothers in cambridge, mass, get ahold of all of this weaponry, and create these bombs? now low-level, low-tech bombs, be that they were. can they do that all with online inspiration and help? or do they have to have...
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Apr 20, 2013
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he wasn't read his miranda rights. they are using an exception there and there are calls for him to be treated as an enemy combatant. is that the right call, do you think? >> let's pick these two piece it is apart. on the miranda question it's not clear how much of an exception it really is. as an investigator or prosecutor you can choose not to mirandize someone. it makes things much more difficult for them down the road at trial. if you are concerned about getting certain kinds of information and it looks like the fbi and the national security apparatus is concerned about getting information, then you would want to get as much as you can out of someone in the near term in order to roll up any other individuals that might have been involved in a potential conspiracy. turning to the question on whether someone is an enemy combatant or not, if you apply law in 1944 when we were dealing with germans in the united states, maybe you could classify him as an enemy combatant. in the last 20 or 30 years, every major act of do
he wasn't read his miranda rights. they are using an exception there and there are calls for him to be treated as an enemy combatant. is that the right call, do you think? >> let's pick these two piece it is apart. on the miranda question it's not clear how much of an exception it really is. as an investigator or prosecutor you can choose not to mirandize someone. it makes things much more difficult for them down the road at trial. if you are concerned about getting certain kinds of...
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Apr 21, 2013
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miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it because of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldo: say it in english. court or tribunal? >> oh, court or tribunal. i suspect we need to know a little more information but certainly looking like a military tribunal. >> geraldo: do you want it to be a military tribunal? >> depends on the facts but looks like yes, this was. >> geraldo: quadruple murder and four death sentences on this guy. >> i don't care what the guys were saying during the commercial break. a military tribunal done properly are does not give the defendant as many protections as a mere criminal in the united states. >> geraldo: robert first and then bo. >> i feel
miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it because of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldo: say it in english. court or...
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Apr 22, 2013
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we need to understand that the debate is not so much about this individual, miranda in this case, enemy combatant in this case. it is that, once again, like post- 9/11, the patriots act, now it's the time that we have to take that deep breath and say, backing off of this sort of talk is not protecting this individual. it's protecting our constitutional rights and the tenants of this system. and we need to keep that in mind. we hear nonsense like america's a battlefield so even for u.s. citizens we can throw it all out the window from here going forward because of sudden nebulous war on terror. >> that's the debate, kelly. you've done terrorism cases. when you have senators like lindsey graham saying that the suspect should be tried as an enemy combatant and then "the new york times" comes back with an editorial -- "mr. graham's reckless statement makes a mockery of the superb civilian police work that led to the suspect's capture, starting with the skillful analysis of the video recordings of the marathon. there is no reason that the lawyers and courts cannot continue to do their work."
we need to understand that the debate is not so much about this individual, miranda in this case, enemy combatant in this case. it is that, once again, like post- 9/11, the patriots act, now it's the time that we have to take that deep breath and say, backing off of this sort of talk is not protecting this individual. it's protecting our constitutional rights and the tenants of this system. and we need to keep that in mind. we hear nonsense like america's a battlefield so even for u.s. citizens...
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miranda is not a huge obstacle to get people cooperate. typically they realize once they are caught that they have to cooperate in order to make things better for themselves. the idea that miranda presents some huge obstacle to gain cooperation is not true, number one. number two, there are many avenues and many tools that the f.b.i. to have conduct investigations. >> megyn: here is the concern. what if he lawyers up. what if he lawyers up and then refused to answer any more questions before we gotten everything we need to know. we want to follow up and you know as well as i do, lawyers will tell him, keep your mouth shut. >> actually david who ran the national security division that the opposite was true. often having the attorney involved makes it easier to explain to the defendant why it is in his interests to cooperate. i don't think that is necessarily true. certainly, the f.b.i. has broad authorities especially a case like thishere we know heinous act has happened to use various tools. there are often many ways to get information. >>
miranda is not a huge obstacle to get people cooperate. typically they realize once they are caught that they have to cooperate in order to make things better for themselves. the idea that miranda presents some huge obstacle to gain cooperation is not true, number one. number two, there are many avenues and many tools that the f.b.i. to have conduct investigations. >> megyn: here is the concern. what if he lawyers up. what if he lawyers up and then refused to answer any more questions...
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. >> no miranda warning, could you explain that for us? >> the united states attorney or the fbi may want to explain that. it is a federal issue. >> what are the extent? -- >> let him finish the question. >> no, did not. >> what is the question? >> the reports are are that there was no miranda warning given and they were claiming a public safety exception. could we get an answer to that? >> there is a public exception in cases involving acts of terrorism and the government has that opportunity right now. though i believe that the is suspect has been taken to a hospital. thank you. >> what are the conditions -- >> i'm sorry? >> will you seek the federal death penalty. >> i indicated earlier this is still an active and ongoing investigation. we will be reviewing all of the evidence before that kind of a decision is made in terms of whether or not to seek the death penalty you review all of the evidence and it is a very thoughtful long process that is engaged and it is the attorney general of the department of justice that makes that final de
. >> no miranda warning, could you explain that for us? >> the united states attorney or the fbi may want to explain that. it is a federal issue. >> what are the extent? -- >> let him finish the question. >> no, did not. >> what is the question? >> the reports are are that there was no miranda warning given and they were claiming a public safety exception. could we get an answer to that? >> there is a public exception in cases involving acts of...
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there is no need for miranda warning in this case. >> if they were to read the miranda rights and say you have the right to remain silent, right to attorney, let's say he gets a public defender or another attorney volunteers to help him, you're a graduate of harvard law school. you know the first thing any lawyer will say to his or her client shut up. don't say anything else. >> we'll see. this is going to unfold slowly now. it's important for people to remember the big statement last night was commitment by the administration they'll go through normal criminal justice process. we have criminal statutes. >> instead of declaring him enemy combatant. >> i personally think it's absurd to be honest. he's here. he is u.s. citizenship and all of the evidence is necessary and it's an important statement especially after what the city went through to say, yep, now you're just a normal criminal and we're going to put you through the process. this national security exception i agree with tom, we do not know a lot of facts about the motivation and whether they had more plans for people. a lot of
there is no need for miranda warning in this case. >> if they were to read the miranda rights and say you have the right to remain silent, right to attorney, let's say he gets a public defender or another attorney volunteers to help him, you're a graduate of harvard law school. you know the first thing any lawyer will say to his or her client shut up. don't say anything else. >> we'll see. this is going to unfold slowly now. it's important for people to remember the big statement...
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dzhokhar tsarnaev was charged without miranda, this is because federal authorities were able to implement the... the national threat exemption. and that will allow them to continue to question him. now, just on the other side of the police tape is a spontaneous celebration, beginning with people huddled around the radios, wanting to hear the latest information h. they got the information they wanted, cheers would erupt. ultimately, they lined both sides of the road and cheered for the emergency vehicles as they were leaving this scene. the tactical teams, the police officers, the national guardsmen, all got cheers. the crowd would erupt and chanted u-s-a! u-s-a ?ft and patriotic songs, as the people here endured so much the last couple of days, very glad to see this chapter of the trag fee tragedy is over. >> we will see you again. >> what is next here? joining us now, the criminal defense attorney, james shalloc, familiar with cases involving multiple murders. he prosecuted son of sam killer, david brcko wits. i have to think, the most powerful evidence may be the videotape, the day of t
dzhokhar tsarnaev was charged without miranda, this is because federal authorities were able to implement the... the national threat exemption. and that will allow them to continue to question him. now, just on the other side of the police tape is a spontaneous celebration, beginning with people huddled around the radios, wanting to hear the latest information h. they got the information they wanted, cheers would erupt. ultimately, they lined both sides of the road and cheered for the emergency...
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it was unclear if he was read his miranda rights. but in washington, white house spokesman jay carney said he's a naturalized u.s. citizen, so he will not face a military tribunal. >> he will not be treated as an enemy combatant. we will prosecute this terrorist through our civilian system of justice, under us law. u.s. citizen can not be trialed, tried rather in military commissions. and it's important to remember that since 9-11 we have used the federal court system to convict and incarcerate hundreds of terrorists. >> brown: tsarnaev was also likely to face state charges in the shooting death of a police officer at m.i.t. it all followed his dramatic capture friday evening, when he was found hiding and wounded in a boat behind a home in the boston suburb of watertown. his older brother tamarlen died hours earlier in a shoot-out with police that triggered the all-day manhunt and shut down the city. yesterday, on cbs, massachusetts governor deval patrick stood by the unprecedented measures. >> i think people understood that we were
it was unclear if he was read his miranda rights. but in washington, white house spokesman jay carney said he's a naturalized u.s. citizen, so he will not face a military tribunal. >> he will not be treated as an enemy combatant. we will prosecute this terrorist through our civilian system of justice, under us law. u.s. citizen can not be trialed, tried rather in military commissions. and it's important to remember that since 9-11 we have used the federal court system to convict and...
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the participation of any pearl possible further accomplices and of course we have to note that the miranda rights off tonight have been revoked the right and he has to remain silent as well as a right to a lawyer or being deny to him because officials are interested in being able to question him without being able to use this right and the fact that his miranda rights have been revoked is receiving major criticism throughout the united states and causing really a lot of debate civil rights groups are saying that he should be able to have these rights provided to him. a u.s. citizen being investigated in a criminal case but certainly this is not been the case officials are using the public safety clause and the criticism stems from the fact that they did say earlier that any immediate threat has been removed also it's important to mention that republican lawmakers in the united states have been suggest. that i have been treated as an enemy competence this is also been a topic of much debate because we are of course talking about a u.s. citizen or nine didn't become a naturalized citizen las
the participation of any pearl possible further accomplices and of course we have to note that the miranda rights off tonight have been revoked the right and he has to remain silent as well as a right to a lawyer or being deny to him because officials are interested in being able to question him without being able to use this right and the fact that his miranda rights have been revoked is receiving major criticism throughout the united states and causing really a lot of debate civil rights...
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i want to talk about miranda. suspect number 2. they read dzhokhar his miranda rights last night apparently bedside. while we talk about this will you pull up the picture of joe -- dzhokhar and the young boy who was killed. isn't this one of the most evil pictures you have seen. that boy is minutes away from being blown up by the bomb. the bomb placed at the feet of him. should she have read his miranda rights dick dick i still can't get over he is doing my segway. >> people coming into certain universities. that's true there is a hesitancy to jump on muslims as there is to jump on blacks. i mean, it's something that my side has condition the people to be very careful about that when i said something yesterday about student visas get into later in the show. i get jumped on my side. >> miranda bad idea or not. plenty of time to do it but they decided to do it last night. i'm assuming an correct me if i am wrong, you may know, this the department of justice pushed them to do that now. >> i would imagine. i give deference to the gover
i want to talk about miranda. suspect number 2. they read dzhokhar his miranda rights last night apparently bedside. while we talk about this will you pull up the picture of joe -- dzhokhar and the young boy who was killed. isn't this one of the most evil pictures you have seen. that boy is minutes away from being blown up by the bomb. the bomb placed at the feet of him. should she have read his miranda rights dick dick i still can't get over he is doing my segway. >> people coming into...
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lot of people think if the cops don't read you your miranda rights, the case gets dismissed. that's not true. the only thing that happens is if you confess, the confession can't be used in the trial against you. if there's other evidence to convict you, you can still be convicted. so a lot of people think oh, gee, i didn't get my rights, case dismissed. so we start with that presumption, but now we're getting into this more interesting issue because the justice department is saying well when there's a public safety emergency we don't have to give miranda warnings. this is going to be very, very controversial, and then senator mccain under the ante by saying this is an enemy combatant and you should treat the case in accordance with the rules of war. what that means is mccain is saying the guy doesn't deserve a jury trial. he's going to be, i don't know whether mccain is suggesting he'd be shipped off to guantanamo, which that would be a radical departure from the way justice is handled in the united states, particularly where a naturalized american citizen is involved and at
lot of people think if the cops don't read you your miranda rights, the case gets dismissed. that's not true. the only thing that happens is if you confess, the confession can't be used in the trial against you. if there's other evidence to convict you, you can still be convicted. so a lot of people think oh, gee, i didn't get my rights, case dismissed. so we start with that presumption, but now we're getting into this more interesting issue because the justice department is saying well when...
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there are exceptions to the miranda warning? >> there are exceptions to the miranda warnings. since the miranda case in 1966, the supreme court carved out a number of different exceptions where the police don't need to read the miranda warnings to a suspect and can still introduce in the statements that the suspects make into evidence. >>brian: do you believe this information warrants that exception? >> i do not. i think the government is taking a chance by deciding to go ahead and interview the suspect, future defendant without reading his miranda rights. the exception that they are citing is the public safety exception from a 1984 case, where a suspect was arrested after putting a loaded gun somewhere that supermarket. as the police were driving away, they asked him what he did with the gun, and he told them where it was. the police were able to recover a loaded gun. but in that case the danger to the public was immediate. here, i think we're talking about potentially interviewing this guy, the younger brother, when he wakes up in the hospital after the police have been sati
there are exceptions to the miranda warning? >> there are exceptions to the miranda warnings. since the miranda case in 1966, the supreme court carved out a number of different exceptions where the police don't need to read the miranda warnings to a suspect and can still introduce in the statements that the suspects make into evidence. >>brian: do you believe this information warrants that exception? >> i do not. i think the government is taking a chance by deciding to go...
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do we think, your personal opinion, do we think that he should have been read his miranda rights? >> i think that he has got that brief window of time. i heard the segment you did with mike ignacious on that and that period of time where if public safety issues arise, allows them to ask questions. i think it appears from what i know, i don't know anything, none of us do right now, that we are in that window, there is a concern for public safety and probably able to question him and i just hope they don't go over that line. they have to make sure that they stay in that line you you want any prosecution to hold up. you want this person to be held accountable. >> what about treating him as an enemy combatant? what is your take on that? >> i don't know all the facts here to establish that yet. i'm not sure that most of us that aren't intimately involved with the investigation know all the niceties involved in making that determination. i would hesitate to make a leap to that point without having quite a bit more information. >> massachusetts congressman john tierney. congressman, than
do we think, your personal opinion, do we think that he should have been read his miranda rights? >> i think that he has got that brief window of time. i heard the segment you did with mike ignacious on that and that period of time where if public safety issues arise, allows them to ask questions. i think it appears from what i know, i don't know anything, none of us do right now, that we are in that window, there is a concern for public safety and probably able to question him and i just...
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courts for that purpose. >> so you just mentioned miranda. so the other thing, the big thing that happened today there are two remarkable events today. there was the filing of the criminal complaint, which i was waving around, and they released a suspect of a procedural hearing that happened actually at the bedside in the hospital with a federal magistrate who was brought in. that federal magistrate informed dzhokhar tsarnaev, the 19-year-old suspect, of his rights to counsel, and there was actually defense counsel present. my question to you is he was apprehended friday night. he has been in and out of consciousness as far as we can tell. he has a throat wound, so he is writing things down. the administration has made use of a public safety exception in not reading him his rights. and i want to read from a memo in 2010 that went out to the fbi from the justice department that says there may be exceptional cases in which although all relevant public safety questions have been asked, are there other plots, other bombs, et cetera, agents noneth
courts for that purpose. >> so you just mentioned miranda. so the other thing, the big thing that happened today there are two remarkable events today. there was the filing of the criminal complaint, which i was waving around, and they released a suspect of a procedural hearing that happened actually at the bedside in the hospital with a federal magistrate who was brought in. that federal magistrate informed dzhokhar tsarnaev, the 19-year-old suspect, of his rights to counsel, and there...
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jenna: please. >> i don't have a problem with miranda rights. this man can only be tried in federal court. he's never eligible for military commissions. a first year law student could convict this person. what i'm worried about is what does he know about future attacks? he's telling us that his brother was the bad guy, he's sort of just along for the ride. they had no international connections. guess what, he's down-playing his involvement. what i am suggesting is that we use the national security legal system where we can interview him without a lawyer to gather intelligence to prevent a future attack, rather than having to negotiate through his lawyer to get any information. jenna: but, if i could, senator, there seems to be a lot of discrepancy about some of the information come being out about this investigation. >> right. jenna: we've all seen it, you know, played out on the news and otherwise. i would like to drill down a little bit into an even change you just had about the boston terror attacks with the s*epbg o secretary of home land se
jenna: please. >> i don't have a problem with miranda rights. this man can only be tried in federal court. he's never eligible for military commissions. a first year law student could convict this person. what i'm worried about is what does he know about future attacks? he's telling us that his brother was the bad guy, he's sort of just along for the ride. they had no international connections. guess what, he's down-playing his involvement. what i am suggesting is that we use the national...
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there is a lot of truth, wait waive to give miranda rights. defense attorneys will do that inevitablely in a case like this especially where it's going to be what he says. >> megyn: the obligation is to protect his client, not to protect us. you need to have somebody looking out for you. he did, he did some things right after the break when our panel continues. okay, team! after age 40, we can start losing muscle -- 8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge! >>. >> megyn: back mercedes and mark according to some reports, not independently confirmed he is claiming by writing out answers because he can't speak that well that his brother, his older brother wanted
there is a lot of truth, wait waive to give miranda rights. defense attorneys will do that inevitablely in a case like this especially where it's going to be what he says. >> megyn: the obligation is to protect his client, not to protect us. you need to have somebody looking out for you. he did, he did some things right after the break when our panel continues. okay, team! after age 40, we can start losing muscle -- 8% every 10 years. wow. wow. but you can help fight muscle loss with...
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bill: are you okay with him not being read his miranda rights? >> i am. at this point i think it's perfectly fine. again i don't think it matters under what exception. you can always mirandize this individual, but the important thing is that get the information now. bill: i have not heard a lot of people disagree with that. >> think about the opposite what if they had read him the miranda rights and what if he had clammed up and what if there, god forbid been another attack that we could have seen coming if we had questioned the guy. just think of the conversation if there was a second attack that we could have prevented because we let the guy clam up. bill: this particular decision was broadened two years and and changed by executive order. that is something the president put in action in case you would have an event like this. that you could possibly have active, ongoing terror attacks or threats of terror attacks that could endanger the safety of the public. >> that's why i think he's done the right thing by not giving him the ability to be quiet. we n
bill: are you okay with him not being read his miranda rights? >> i am. at this point i think it's perfectly fine. again i don't think it matters under what exception. you can always mirandize this individual, but the important thing is that get the information now. bill: i have not heard a lot of people disagree with that. >> think about the opposite what if they had read him the miranda rights and what if he had clammed up and what if there, god forbid been another attack that we...
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it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say they haven't found any of those either but that's what they want to ask him. and this exception probably begins to expire the moment you invoke it so it's probably no good for more than a day or two but nonetheless they can do that. afterwards they'll have to give him his miranda warning and say whether he'll continue to answer questions. the justice department says even in very serious cases like this, most people in custody do continue to talk. >> pete, who's going to be interrogating this guy? >> well, during this period of the public safety exemption,
it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say...
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. >> while the obama administration has agreed to delay a reading of his miranda rights under a public safety exemption, secretary of defense chuck hagel has not seen evidence to link the bombings to terror groups. scrutiny turns to the fbi who reportedly questioned the older brother tamerlan in 2011 at the request of a foreign government. this is so interesting. of russia. the fbi told the a.p. despite interviewing him and relatives they did not find any activity. the agency dropped the ball. richard, i wonder if there is going to be a lot of questions and maybe even hearings out of this or what comes to mind just knowing those basic facts? >> there probably will be hearings of the fbi whether it learned more or could have done more. critics say that is monday morning quarterbacking. it ought to be about what we were talking about, what can we do to prevent or identify young people who are radicalized and how did we respond and how what did we learn about lockdowns. as the military would say it ought not to just focus on fbi. it's much bigger and much broader. we have to learn a lot f
. >> while the obama administration has agreed to delay a reading of his miranda rights under a public safety exemption, secretary of defense chuck hagel has not seen evidence to link the bombings to terror groups. scrutiny turns to the fbi who reportedly questioned the older brother tamerlan in 2011 at the request of a foreign government. this is so interesting. of russia. the fbi told the a.p. despite interviewing him and relatives they did not find any activity. the agency dropped the...
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there's a lot we can do prior to miranda warning with public safety expectation. there's a threat to the public. we can accomplish a lot of the information gathering we need to under a constitutional structure without establishing a precedent where we'll treat americans like enemy combatants and throw them in a brig without having legal or constitutional right to do so. >> we know there's been back and forth with him doing some writing. from a national security standpoint, congressman, do you want to know? >> we want to know if there's further risk to the public and other co-conspirators out there that pose a risk. was there foreign direction? foreign players still involved in this. how did they organize this? was this self-directed by these two or was there foreign direction? you can imagine over the next weeks and months that's what the intelligence agencies are going to be poring through. we'll know as much as we possibly can about every day in their lives over the last few years, every trip they made, every person they talked to. every family member that can b
there's a lot we can do prior to miranda warning with public safety expectation. there's a threat to the public. we can accomplish a lot of the information gathering we need to under a constitutional structure without establishing a precedent where we'll treat americans like enemy combatants and throw them in a brig without having legal or constitutional right to do so. >> we know there's been back and forth with him doing some writing. from a national security standpoint, congressman, do...
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the government decided he will not be given the miranda warning. the usual warning on every episode of "law & order." there's a question of public safety and they can question him for 48 hours before having to give him the warning and use that information in court. the justice department says most people even in these circumstances, even facing very serious charges ultimately the death penalty if the government chooses to bring it, they still choose to talk. it's a controversial decision nonetheless. some republicans think anyone who commits an act of terrorism even on american soil, even if they're american citizens as he is, should be brought before a military tribunal and treated as enemy combatant. >> it's a political hot potato. a lot of administration officials point out the so-called underwear bomber, umar farouk abdulmutallab continued to talk after being mirandized. thank you to you. >> what are investigators doing now? michael leiter served as the director of the national counterterrorism center under presidents bush and obama. good morni
the government decided he will not be given the miranda warning. the usual warning on every episode of "law & order." there's a question of public safety and they can question him for 48 hours before having to give him the warning and use that information in court. the justice department says most people even in these circumstances, even facing very serious charges ultimately the death penalty if the government chooses to bring it, they still choose to talk. it's a controversial...